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Case TitleSIEGAL MCINTYRE v. US CUSTOMS AND BORDER PROTECTION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv03157
Date Filed2021-12-02
Date ClosedOpen
JudgeJudge Beryl A. Howell
PlaintiffERIN SIEGAL MCINTYRE
Case DescriptionErin Siegal McIntyre, a journalist and photographer and an assistant professor at the University of North Carolina School of Journalism, submitted six FOIA requests to U.S. Customs and Border Protection for records concerning hazing rituals and other specific topics. She also requested a fee waiver. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Siegal McIntyre filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUS CUSTOMS AND BORDER PROTECTION
DefendantU.S. CUSTOMS AND BORDER PROTECTION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-12-021COMPLAINT against US CUSTOMS AND BORDER PROTECTION ( Filing fee $ 402 receipt number ADCDC-8902370) filed by ERIN SIEGAL MCINTYRE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to CBP, # 3 Summons to USAO DC, # 4 Summons to USAG)(Golden, Deborah) (Entered: 12/02/2021)
2021-12-022MOTION Allow Alternative Address re 1 Complaint, by ERIN SIEGAL MCINTYRE. (Attachments: # 1 Text of Proposed Order)(Golden, Deborah) (Entered: 12/02/2021)
2021-12-02Case Assigned to Chief Judge Beryl A. Howell. (adh, ) (Entered: 12/02/2021)
2021-12-023SUMMONS (3) Issued Electronically as to US CUSTOMS AND BORDER PROTECTION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 12/02/2021)
2021-12-02MINUTE ORDER (paperless) GRANTING 2 Plaintiff's Motion to List a Non-Residential Address in Complaint Caption ("Pl.'s Mot."). Generally, "[t]he first filing by or on behalf of a party shall have in the caption the. . . full residence address of the party," and "[f]ailure to provide the address information within 30 days of filing may result in the dismissal of the case against the defendant." LCvR 5.1(c)(1). Courts apply the factors identified in United States v. Hubbard , 650 F.2d 293 (D.C. Cir. 1980), to determine when a party's privacy interests are sufficiently weighty to overcome the general presumption in favor of public access to information concerning judicial proceedings. Here, an evaluation of all the Hubbard factors supports granting plaintiff's request. Plaintiff, a journalist, notes that she has "already received multiple death threats via email and phone related to her work in Mexico" and expresses concern that other subject matter on which she is reporting poses risks to her safety as well. Pl.'s Mot. at 2-3. As such, plaintiff reasonably "has sought to hide her residential address to protect her privacy and personal safety by using a Post Office box." Id. at 3. Further, plaintiff convincingly explains the lack of prejudice to the government defendants in this case of substituting a Post Office box address for her home address, as well as the lack of public interest in her home address with respect to this litigation. See id. at 2. Finally, plaintiff notes that she regularly uses said Post Office box to receive mail and is also represented by counsel, obviating concerns regarding the ability to contact her. Id. Under these circumstances, sufficient cause exists to grant plaintiff's request to use her Post Office box address in lieu of her residential address on filings with this Court. Signed by Chief Judge Beryl A. Howell on December 2, 2021. (lcbah3) (Entered: 12/02/2021)
2021-12-024STANDING ORDER. Signed by Chief Judge Beryl A. Howell on December 2, 2021. (lcbah3) (Entered: 12/02/2021)
2022-01-065NOTICE of Appearance by Thomas Duffey on behalf of US CUSTOMS AND BORDER PROTECTION (Duffey, Thomas) (Entered: 01/06/2022)
2022-01-066Consent MOTION for Extension of Time to File Answer re 1 Complaint, with proposed order by US CUSTOMS AND BORDER PROTECTION. (Duffey, Thomas) (Entered: 01/06/2022)
2022-01-06MINUTE ORDER (paperless) GRANTING defendant's 6 Consent Motion to Extend Time to File Answer or Otherwise Respond to the Complaint; and EXTENDING, until February 10, 2022, the time for defendant to answer or otherwise respond to plaintiff's 1 Complaint. Signed by Chief Judge Beryl A. Howell on January 6, 2022. (lcbah3) (Entered: 01/06/2022)
2022-01-07Set/Reset Deadlines: Answer to the Complaint due by 2/10/2022. (ztg) (Entered: 01/07/2022)
2022-02-107ANSWER to Complaint by US CUSTOMS AND BORDER PROTECTION.(Duffey, Thomas) (Entered: 02/10/2022)
2022-02-248Joint STATUS REPORT by US CUSTOMS AND BORDER PROTECTION. (Duffey, Thomas) (Entered: 02/24/2022)
2022-02-25MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 8 Joint Status Report, the parties to file, by March 24, 2022, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on February 25, 2022. (lcbah3) (Entered: 02/25/2022)
2022-02-28Set/Reset Deadlines: Joint Status Report due by 3/24/2022. (ztg) (Entered: 02/28/2022)
2022-03-249Joint STATUS REPORT by US CUSTOMS AND BORDER PROTECTION. (Duffey, Thomas) (Entered: 03/24/2022)
2022-03-28MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 9 Joint Status Report, the parties to file, by April 29, 2022, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on March 28, 2022. (lcbah3) (Entered: 03/28/2022)
2022-03-28Set/Reset Deadlines: Joint Status Report due by 4/29/2022. (ztg) (Entered: 03/28/2022)
2022-04-2910Joint STATUS REPORT by US CUSTOMS AND BORDER PROTECTION. (Duffey, Thomas) (Entered: 04/29/2022)
2022-04-29MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 10 Joint Status Report, the parties to file, by June 2, 2022, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on April 29, 2022. (lcbah3) (Entered: 04/29/2022)
2022-04-29Set/Reset Deadlines: Joint Status Report due by 6/2/2022. (ztg) (Entered: 04/29/2022)
2022-06-0211Joint STATUS REPORT by ERIN SIEGAL MCINTYRE. (Golden, Deborah) (Entered: 06/02/2022)
2022-06-03MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 11 Joint Status Report, the parties to file, by August 31, 2022, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on June 3, 2022. (lcbah3) (Entered: 06/03/2022)
2022-06-03Set/Reset Deadlines: Joint Status Report due by 8/31/2022. (ztg) (Entered: 06/03/2022)
2022-08-3112Joint STATUS REPORT by US CUSTOMS AND BORDER PROTECTION. (Duffey, Thomas) (Entered: 08/31/2022)
2022-09-01MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 12 Joint Status Report, the parties to file, by October 31, 2022, a joint status report advising the Court about the status of this matter and any proposed schedule governing the production of responsive records. Signed by Chief Judge Beryl A. Howell on September 1, 2022. (lcbah3) (Entered: 09/01/2022)
2022-09-02Set/Reset Deadlines: Joint Status Report due by 10/31/2022. (hmc) (Entered: 09/02/2022)
2022-10-3113Joint STATUS REPORT by ERIN SIEGAL MCINTYRE. (Golden, Deborah) (Entered: 10/31/2022)
2022-11-01MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 13 Joint Status Report, the parties to file, by January 3, 2023, a joint status report advising the Court about the status of this matter and any proposed schedule governing the production of responsive records. Signed by Chief Judge Beryl A. Howell on November 1, 2022. (lcbah3) (Entered: 11/01/2022)
2022-11-02Set/Reset Deadlines: Joint Status Report due by 1/3/2023. (ztg) (Entered: 11/02/2022)
2023-01-0314Joint STATUS REPORT by ERIN SIEGAL MCINTYRE. (Golden, Deborah) (Entered: 01/03/2023)
2023-01-04MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 14 Joint Status Report, the parties to file, by March 4, 2023, a joint status report advising the Court about the status of this matter and any proposed schedule governing the production of responsive records. Signed by Chief Judge Beryl A. Howell on January 4, 2023. (lcbah3) (Entered: 01/04/2023)
2023-01-05Set/Reset Deadlines: Joint Status Report due by 3/4/2023. (ztg) (Entered: 01/05/2023)
2023-03-0415Joint STATUS REPORT by ERIN SIEGAL MCINTYRE. (Golden, Deborah) (Entered: 03/04/2023)
2023-03-07MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 15 Joint Status Report, the parties to file, by May 3, 2023, a joint status report advising the Court about the status of this matter and any proposed schedule governing the production of responsive records. Signed by Chief Judge Beryl A. Howell on March 7, 2023. (lcbah3) (Entered: 03/07/2023)
2023-03-07Set/Reset Deadlines: Joint Status Report due by 5/3/2023. (ztg) (Entered: 03/07/2023)
2023-05-0316Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Duffey, Thomas) (Entered: 05/03/2023)
2023-05-08MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 16 Joint Status Report, the parties to file, by August 3, 2023, a joint status report advising the Court about the status of this matter and any proposed schedule governing the production of responsive records. Signed by Judge Beryl A. Howell on May 8, 2023. (lcbah3) (Entered: 05/08/2023)
2023-05-08Set/Reset Deadlines: Joint Status Report due by 8/3/2023. (ztg) (Entered: 05/08/2023)
2023-08-0317Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Duffey, Thomas) (Entered: 08/03/2023)
2023-08-04MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 17 Joint Status Report, the parties to file a joint status report by November 3, 2023, proposing a schedule to govern further proceedings. Signed by Judge Beryl A. Howell on August 4, 2023. (lcbah1) (Entered: 08/04/2023)
2023-08-07Set/Reset Deadlines: Parties Joint Status Report due by 11/3/2023 (mac) (Entered: 08/07/2023)
2023-11-0318Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Duffey, Thomas) (Entered: 11/03/2023)
2023-11-07MINUTE ORDER (paperless) DIRECTING the parties, upon consideration of their 18 Joint Status Report, to file, by February 2, 2024, a joint status report, advising the Court of the status of this matter. Signed by Judge Beryl A. Howell on November 7, 2023. (lcbah1) (Entered: 11/07/2023)
2023-11-08Set/Reset Deadlines: Parties Joint Status Report due by 2/2/2024. (mac) (Entered: 11/08/2023)
2024-02-0219Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Duffey, Thomas) (Entered: 02/02/2024)
2024-02-05MINUTE ORDER (paperless) DIRECTING the parties, upon consideration of their 19 Joint Status Report, to file, by May 3, 2024, another joint status report, advising the Court of the status of this matter. Signed by Judge Beryl A. Howell on February 5, 2024. (lcbah1) (Entered: 02/05/2024)
2024-02-05Set/Reset Deadlines: Parties Joint Status Report due by 5/3/2024 (mac) (Entered: 02/05/2024)
2024-05-0320Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Duffey, Thomas) (Entered: 05/03/2024)
2024-05-06MINUTE ORDER (paperless) DIRECTING the parties, upon consideration of their 20 Joint Status Report, to file, by August 5, 2023, a joint status report, advising the Court of the status of this matter. Signed by Judge Beryl A. Howell on May 6, 2024. (lcbah1) (Entered: 05/06/2024)
2024-05-07Set/Reset Deadlines: Parties Joint Status Report due by 8/5/2023. (mac) (Entered: 05/07/2024)
2024-08-0521Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Duffey, Thomas) (Entered: 08/05/2024)
2024-08-07MINUTE ORDER (paperless) DIRECTING the parties, upon consideration of their 21 Joint Status Report, to file, by November 5, 2024, a joint status report, advising the Court of the status of this matter. Signed by Judge Beryl A. Howell on August 7, 2024. (lcbah1) (Entered: 08/07/2024)
2024-08-08Set/Reset Deadlines: Parties Joint Status Report due by 11/5/2024. (mac) (Entered: 08/08/2024)
2024-11-0522Joint STATUS REPORT by ERIN SIEGAL MCINTYRE. (Golden, Deborah) (Entered: 11/05/2024)
2024-11-08MINUTE ORDER (paperless), upon consideration of the parties' 22 Joint Status Report, DIRECTING the parties to file a joint status report by February 5, 2025, advising the Court on the status of this matter. Signed by Judge Beryl A. Howell on November 8, 2024. (lcbah1) (Entered: 11/08/2024)
2024-11-12Set/Reset Deadlines: Parties Joint Status Report due by 2/5/2025 (mac) (Entered: 11/12/2024)
2025-01-1723NOTICE of Appearance by Eric J. Feder on behalf of ERIN SIEGAL MCINTYRE (Feder, Eric) (Entered: 01/17/2025)
2025-01-2124MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Caitlyn Grace Cowan, Filing fee $ 100, receipt number ADCDC-11420424. Fee Status: Fee Paid. by ERIN SIEGAL MCINTYRE. (Attachments: # 1 Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Feder, Eric) (Entered: 01/21/2025)
2025-01-23MINUTE ORDER (paperless) GRANTING plaintiff's 24 Motion to Appear Pro Hac Vice. Caitlyn G. Gowan may enter an appearance pro hac vice for the purpose of representing the defendants in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions . Signed by Judge Beryl A. Howell on January 23, 2025. (lcbah1) (Entered: 01/23/2025)
2025-02-0525Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Duffey, Thomas) (Entered: 02/05/2025)
2025-02-07MINUTE ORDER (paperless), upon consideration of the parties' 25 Joint Status Report, DIRECTING the parties to file a Joint Status Report by April 7, 2025, advising the Court of the status of this matter. Signed by Judge Beryl A. Howell on February 7, 2025. (lcbah1) (Entered: 02/07/2025)
2025-02-10Set/Reset Deadlines: Parties Joint Status Report due by 4/7/2025. (mac) (Entered: 02/10/2025)
2025-03-1126NOTICE OF WITHDRAWAL OF APPEARANCE as to ERIN SIEGAL MCINTYRE. Attorney Deborah Maxine Golden terminated. (Golden, Deborah) Modified docket text on 3/12/2025 (mg). (Entered: 03/11/2025)
2025-03-1227NOTICE of Appearance by Caitlyn Grace Cowan on behalf of ERIN SIEGAL MCINTYRE (Cowan, Caitlyn) (Entered: 03/12/2025)
2025-04-0728Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Duffey, Thomas) (Entered: 04/07/2025)
2025-04-10MINUTE ORDER (paperless), upon consideration of the parties' 28 Joint Status Report, DIRECTING the parties to file a Joint Status Report by June 9, 2025, advising the Court of the status of this matter. Signed by Judge Beryl A. Howell on April 10, 2025. (lcbah1) (Entered: 04/10/2025)
2025-04-11Set/Reset Deadlines: Parties Joint Status Report due by 6/9/2025. (mac) (Entered: 04/11/2025)
2025-05-3029NOTICE of Appearance by Chelsea Kelly on behalf of ERIN SIEGAL MCINTYRE (Kelly, Chelsea) (Main Document 29 replaced on 6/2/2025) (mg). (Entered: 05/30/2025)
2025-05-3030NOTICE OF WITHDRAWAL OF APPEARANCE as to ERIN SIEGAL MCINTYRE. Attorney Eric J. Feder terminated. (Feder, Eric) (Entered: 05/30/2025)
2025-06-0931Joint STATUS REPORT by ERIN SIEGAL MCINTYRE. (Kelly, Chelsea) (Entered: 06/09/2025)
2025-06-10MINUTE ORDER (paperless), upon consideration of the parties' 31 Joint Status Report, DIRECTING the parties to file a joint status report by August 11, 2025, advising the Court of the status of this matter. Signed by Judge Beryl A. Howell on June 10, 2025. (lcbah1) (Entered: 06/10/2025)
2025-06-11Set/Reset Deadlines: Parties Joint Status Report due by 8/11/2025. (mac) (Entered: 06/11/2025)
2025-08-1132Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Duffey, Thomas) (Entered: 08/11/2025)
2025-08-15MINUTE ORDER (paperless), upon consideration of the parties' 32 Joint Status Report and the lengthy pendency of this matter for nearly five years, DIRECTING the parties to submit a joint status report by September 3, 2025, and every thirty days thereafter, advising the Court of this status of this matter, including, but not limited to: 1. The estimated completion date for the processing of records responsive to FOIA request number 2020-013867; 2. An explanation as to the lack of progress in processing responsive records to FOIA request number 2020-013867, since the number of records has remained the same at 2,600 pages of records and 13 videos, see 32 JSR at 2, despite multiple joint status reports, spanning numerous months, see id. ; 31 JSR at 2; 28 JSR at 2; 25 JSR at 2, and an initial representation that defendant would begin producing records responsive to the same request by November 30, 2024, see 22 JSR at 1-2; 3. The status of the processing and release of "videos which" "require processing and redactions by the Agency's video team," for FOIA request 2020-013324, as no number of videos nor estimated timeline of completion for processing said videos have been provided despite numerous joint status reports which appear to have copied and pasted the same language regarding the videos. See 32 JSR at 2; 31 JSR at 2; 28 JSR at 2; 25 JSR at 2; and 4. A summary of the total number of records produced to date and plaintiff's communications to defendants of any initial concerns or objections as to any withholdings and if so, defendant's responses regarding any such communications. Signed by Judge Beryl A. Howell on August 15, 2025. (lcbah1) (Entered: 08/15/2025)
2025-08-18Set/Reset Deadlines: Joint Status Report due by 9/3/2025. (zalh) (Entered: 08/18/2025)
2025-09-0333Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Duffey, Thomas) (Entered: 09/03/2025)
2025-09-05MINUTE ORDER (paperless), upon consideration of the responses provided by the parties in their 33 Joint Status Report and the already lengthy pendency of nearly 4 years of this case, DIRECTING the parties to file, by October 3, 2025, a joint status report containing the following information: (1) A detailed summary from plaintiff, based on a thorough review of all records so far produced, of the preliminary issues identified with any of defendant's redactions or withholdings to date; (2) With respect to FOIA Request No. 2020-013324, the estimated completion date for processing the 62 video and audio files totaling approximately 30 hours; and an explanation from defendant for the delay if the production will take years, as the Joint Status Report seems to suggest, and proposals for expediting the process that have been communicated to, but rejected by, opposing counsel, with a fulsome explanation as to the reason for rejection of the proposal; (3) With respect to FOIA Request No. 2020-013867, a clarification as to whether the estimated timeline of four months for the document production includes the 10 videos; and (4) With respect to FOIA Request Nos. 2020-013324 and 2020-013867, any specific proposals to narrow the scope of the requested records and, if rejected by opposing counsel, a fulsome explanation as to the reason for rejection of the proposal. Signed by Judge Beryl A. Howell on September 5, 2025. (lcbah1) (Entered: 09/05/2025)
2025-09-08Set/Reset Deadlines: Parties Joint Status Report due by 10/3/2025. (mac) (Entered: 09/08/2025)
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